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Eighth Circuit Upholds Preliminary Injunction Against Proposed Merger Between Two Major North Dakota Healthcare Providers

On June 13, 2019, Eighth Circuit Judge Steven M. Colloton wrote on behalf of a three-judge panel confirming a December 2017 injunction that prohibits Sanford Health and its subsidiary Sanford Bismarck from acquiring Mid Dakota Clinic, P.C. because it...By: King & Spalding
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King & Spalding | Jun 22,2019 |

No Way Around It: The Need for Federal "Permission and Assistance" Can Preempt a State Tort Duty

In the simplest case for federal preemption, federal law prohibits conduct that a state tort duty would require, such as a change in the design of an approved medical device to cure an alleged defect. Because federal law is supreme, it preempts that...By: Butler Snow LLP
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Butler Snow LLP | Jun 22,2019 |

Plan enrollment/education meetings are more than just an exercise

As a 401(k) plan sponsor, you need to understand that an integral part of limiting your liability when participants are having plan enrollment/education meetings....By: Ary Rosenbaum
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Ary Rosenbaum | Jun 22,2019 |

SEC Proposes Rule Changes with Potential Benefits for REITs, Funds, and Business Development Companies

The Securities and Exchange Commission ("SEC" or "Commission") recently proposed a number of changes to Regulation S-X and related rules and forms that could significantly streamline the requirements for filing financial statements in connection with...By: Proskauer Rose LLP
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Proskauer Rose LLP | Jun 22,2019 |

Court Decision Highlights Key Role of Expert Witness in Food Manufacturer Suits

The Appellate Division of New York, Second Department, recently upheld a lower court’s decision denying a defendant manufacturer’s application to perform destructive testing on a plastic object surgically removed from plaintiff, despite defendant’s...By: Harris Beach PLLC
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Harris Beach PLLC | Jun 22,2019 |

EEOC Sues Element Plastics for Sexual Harassment and Retaliation

Sugar Land Plastics Manufacturer Fired Employee for Complaining About Abuse, Federal Agency Charges - HOUSTON - Element Plastics Mfg., LLC, a plastics manufacturer based in Sugar Land, Texas, violated federal law by creating a hostile work...By: U.S. Equal Employment Opportunity Commission
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Legislative Update: Idiopathic and Unexplained Falls

Effective July 1, 2019, injuries in the workplace from idiopathic and unexplained falls will be subject to a new law. On April 23, 2019, Governor Reynolds signed into law an amendment to Iowa Code section 85.61(7)....By: Davis Brown Law Firm
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Davis Brown Law Firm | Jun 21,2019 |

SB75 Final Installment: The Remaining Changes You Need to Know

As the final segment in our series of alerts detailing key provisions of SB75, the anti-harassment legislation that is expected to be signed by Governor Pritzker, we review the new Sexual Harassment Victim Representation Act and summarize a number of...By: Franczek P.C.
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Franczek P.C. | Jun 21,2019 |

How to Conduct an International Internal Investigation

Imagine an anonymous worker at a multinational’s Egypt factory contacts the global whistleblower hotline and accuses the Cairo plant manager of dumping chemicals into the Nile. Or imagine the manager of a bank’s Mexico City branch reports that her...By: Littler
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Littler | Jun 21,2019 |

Environmental Considerations in Corporate Transactions

My partner Bob Melvin and I recently gave a presentation on environmental, health, and safety considerations in mergers and acquisitions. While it would be impossible to cover our entire presentation in a blog post, I thought it would be good to...By: Robinson+Cole Manufacturing Law Blog
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